TAJ PRATAP SINGH Vs. U O I

JUDGEMENT

(1.) THIS writ petition is directed against the order passed by the competent authority under the erstwhile Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the ULCR Act ). By virtue of the impugned order dated 02. 07. 1992, the petitioner was granted exemption in respect of the excess vacant land at 23, Barakhamba Road, New Delhi under Section 20 (1) (a) and 22 of the ULCR Act subject to, inter alia, the condition that the petitioner would make a payment of Rs. 18,37,74,528/- to the Land and building Department, Delhi Administration within 45 days. Aggrieved by this condition, the petitioner filed this writ petition. In the meanwhile, the ulcr Act has been repealed by virtue of the Urban Land (Ceiling and regulation) Repeal Act, 1999 (hereinafter referred to as the Repealing Act ).

(2.) THE facts leading up to the present petition are as under:-

(3.) ON 13. 08. 1976, the petitioner filed a statement/return under Section 6 of the ULCR Act which included the property at 23, Barakhamba Road, new Delhi. On 13. 08. 1976, the petitioner applied for construction upon the said land. On 10. 03. 1988, the order was passed by the competent authority under Section 8 (4) of the ULCR Act and along with it the final statement under Section 9 of the said Act was also enclosed. The total excess vacant land of the petitioner after considering all the properties of the petitioner was found to be to the extent of 4373. 6 sq. mts. However, the said order dated 10. 03. 1988 also indicated that so far as the property at 23, Barakhamba road, New Delhi was concerned, the total permissible area was 3909. 5 sq. mts. and as the permissible land was more than the net area of the plot over which building activities were allowed, there was no excess land in respect of this property.